What if the Guidelines for child support are not adequate or appropriate? 

“Deviation from the guidelines”, the parameters set by the IMDMA §505(a)(1), are simply put guidelines and the court must consider all relevant factors when making a determination for child support.  See §505(a)(2), which includes the following:

1. The financial resources and needs of the child
2. The financial need and resources of the custodial parent
3. The standard of living the child would have enjoyed had the marriage not been dissolved
4. The child’s education needs
5. The physical and emotional condition of the child
6. The needs and the financial resources of the non-custodial parent

In addition to these factors, §505(a)(2) states that the court may deviate from the guidelines when it finds that applicable guidelines would be inappropriate when taking into consideration the best interest of the child.  The last paragraph of §505(a)(2) provides that when thee court does deviate from the guidelines, it must indicate the specific amount that would have been ordered under the guidelines, if determinable.

There are many cases in which the custodial parent’s income was much greater than that of the non-custodial parent, and consequently the support order was lower than the stated guidelines.  See Marriage of Rogliano, 198 Ill.App3d 404, 555 N.E.2d 1114, 144 Ill.Dec. 595 (5th Dist. 1990), and Marriage of DeGironemo, 206 Ill.App.3d 1019, 565 N.E.2d 189, 151 Ill.Dec. 918 (1st Dist. 1990).

Even in cases where both parents determine a mutual support agreement that does not meet the standard guidelines, it can necessary to show the court sufficient cause for why the guidelines were not met.

See Also:

Child Support Guidelines

Legal Obligation To Provide Support 

Understanding Child Support 

How is Support Calculated